Terms of Use

Last Updated: May 9, 2017

This Terms of Use Agreement (the “Agreement”) is a legal agreement between you and the National Commission on Certification of Physician Assistants Health Foundation also known as the nccPA Health Foundation (“the Foundation,” “we” or “us”) governing your use of the Foundation’s website (www.nccpahealthfoundation.net), including any mobile version, portal, interface, or application in connection with such website (collectively, the “Website”). By using or accessing the Website or using the services and/or resources available or enabled via the Website, you agree to be legally bound by this Agreement.

This Agreement applies exclusively to your access to, and use of, the Website and does not alter in any way the terms or conditions of any other agreement you may have with the Foundation. Additional policies and terms may apply to use of all or portions of the Website and are incorporated by reference into this Agreement. Please refer to and review all additional specific terms and conditions as applicable, including the Foundation’s Privacy Policy.

Updates to this Agreement

We may revise or otherwise change or update this Agreement. Please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. Changes will become effective immediately after they are posted. A current version of this Agreement showing the effective date is always available at this location. We encourage you to periodically review this Agreement to see if there have been any changes that may affect you. If you do not agree to this Agreement as modified, then you must discontinue your use of the Website. Your continued use of the Website will signify your continued agreement to this Agreement as it may be revised from time to time.

Authorized Use

While using the Website, you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. You may not use the Website for any fraudulent or unlawful purpose and you may not take any action to interfere with the Website or any user of the Website. In addition, we expect users of the Website to respect the rights and dignity of others. By way of example and not of limitation, you may not (and you expressly agree that you will not) do any of the following, which violate this Agreement:

Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Website any unlawful, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising;

Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website, or express or imply that we endorse any statement you make;

Reproduce, duplicate, or copy any portion of the Website, except as authorized by this Agreement;

Sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Website without the prior written consent of the Foundation;

Remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website;

Violate or attempt to violate the security of the Website;

Disseminate on the Website any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful, invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;

Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Website or to collect any information from the Website or any other user of the Website; or

Assist or permit any persons in engaging in violating this Agreement or applicable statues, orders, regulations, rules, and other laws governing the use of the Website.

Intellectual Property Rights

All content (“Content”) available through the Website is protected by copyrights, trademarks or other proprietary rights and laws. Except as set forth herein or otherwise agreed in writing by the Foundation or other rights owner(s), the use of any Content available on the Website is strictly prohibited.

You may use Content purposely made available by us for public use, provided that you (a) keep intact all copyright and other proprietary notices, (b) use such Content pursuant to any associated licenses, (c) do not copy or post such Content on any networked computer or broadcast it in any media, (d) make no modifications to the Content, and (e) do not make any additional representations or warranties relating to the Content on behalf of the Foundation.

Any rights not expressly granted herein are reserved.

User-Submitted Information

You are responsible for any Content you transmit through our Website. You agree, represent and warrant that any Content you transmit through our Website or to us is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such Content. You shall not upload, post or otherwise make available on or through the Website any Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s) or the authority to do so. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary rights, or any other harm resulting from such a submission.

Changes to the Website

We may make improvements and/or changes to the Website, add new features, or terminate the Website at any time without notice. We also: (a) reserve the right (but have no obligation) to change the Content or other offerings on the Website, at any time and from time to time without any notice or liability to you or any other person; and (b) do not warrant that information on the Website is accurate, complete, reliable, current or error-free. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.

Third-Party Content

Any information, statements, opinions or other Content provided by third parties and made available on our Website are those of the respective author(s) and not the Foundation. We do not guarantee the validity, accuracy, truthfulness,completeness, reliability or usefulness of any information, statement, opinion or other Content on our Website other than from an authorized Foundation representative acting in his or her official capacity. Under no circumstance will the Foundation be liable for any loss or damage caused, directly or indirectly, by your reliance on any such third-party Content.

Links to Third-Party Websites

The Foundation may provide on the Website, solely as a convenience to users, links to websites operated by third parties. If you use these links, you will leave our Website. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The Foundation does not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that the Foundation is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of the Foundation.

YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.

Social Media Pages

The Foundation may maintain a presence on social media websites, including Facebook, YouTube, LinkedIn, Instagram, and Twitter, (collectively, “Social Media Pages”), to provide a place for people to learn more about the Foundation and to share comments. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect the opinions or ideas of the Foundation. All visitors to our Social Media Pages must comply with the respective social media website’s Terms of Use. The Foundation reviews some but not all postings to our Social Media Pages, and may remove postings that we determineare inappropriate or offensive.

Notice of Copyright Infringement

If you believe that any Content on the Website infringes upon any copyright which you own or control, you may send a written notification, containing the information required under 17 U.S.C. §512(c)(3), to our Designated Copyright Agent as set forth below.

Designated Copyright Agent: Tiffany Flick, Managing Director

Email: contactus@nccpahealthfoundation.net

If any user of the Website is deemed to be a repeat copyright infringer, the Foundation will terminate such user’s license to use the Website.

Termination

The Website and this Agreement are in effect until terminated by the Foundation. In addition to any right or remedy that may be available to the Foundation under applicable law, the Foundation may suspend, limit or terminate all or a portion of your access to the Website or any of its features at any time with or without notice and with or without cause, including without limitation, if the Foundation believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. The provisions of this Agreement concerning authorized use, intellectual property rights, disclaimer of warranty, limitation of liability and indemnity, as well as any other provisions that by their nature should survive, shall survive any such termination.

You agree that if your use of the Website is terminated pursuant to this Agreement, you will not attempt to use the Website under any name, real or assumed. You further agree that if you violate this restriction after your use of the Website is terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefor. We reserve the right to have all violators prosecuted to the fullest extent of the law.

Children

This Website is intended for use only by persons over the age of 18. We do not seek to collect information about children under the age of 18, and we will not knowingly do so. If you are under the age of 18, please do not use or access the Website. By using the Website, you affirm that you are over the age of 18.

Disclaimer of Warranty

THE FOUNDATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY OF, OR OTHERWISE RESPECTING THE CONTENT AVAILABLE ON THE WEBSITE OR ANY OTHER WEBSITES LINKED TO OR FROM THE WEBSITE. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE WEBSITE IS DONE AT YOUR OWN RISK. THE CONTENT OF THE WEBSITE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, THE FOUNDATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Limitation of Liability

THE FOUNDATION AND EACH OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS (COLLECTIVELY, THE "RELEASEES") WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE THE WEBSITE, THE WEBSITE’S CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURES. THE RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

THE RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of certain liabilities, so some of the above limitations may not apply to you. The foregoing provision is enforceable in New Jersey.

Indemnity

You agree to indemnify, defend and hold harmless the Foundation and its directors, officers, employees, agents and contractors from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (a) your breach of any provision of this Agreement; (b) your activities in connection with the Website; or (c) unsolicited information you provide to the Foundation through the Website.

Consent to Communication

When you use the Website or send emails to the Foundation, you are communicating with the Foundation electronically. You consent to receive electronically any communications related to your use of the Website. We may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from the Foundation intended for receipt by a user shall be deemed delivered and effective when sent to the email address you provide on the Website. Please note that by submitting information to us, or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our authorized agents may contact you at that address or number in a manner consistent with our Privacy Policy.

Effect of Invalidity

In the event a court having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective.

International Users

The Website is controlled, operated and administered by the Foundation (or its licensees or agents) from its offices within the United States of America and is not intended to subject the Foundation to the laws or jurisdiction of any state, country or territory other than that of the United States. THE FOUNDATION DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all statutes, orders, regulations, rules and other laws of applicable jurisdictions.

Choice of Law

You agree that any dispute in connection with the Website, this Agreement or the Privacy Policy [insert live link] will be governed by the laws of the State of Georgia. You also consent to the adjudication of any disputes arising in connection with the Website in the state courts located in Fulton County, Georgia and the federal courts of the Northern District of Georgia.

Waivers

No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Contact

If you have questions about this Agreement, or if you have technical questions about the operation of the Website, please contact us via our Contact Us page.

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